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‘Right to Be Forgotten’ Win for Google, Project Voldemort, Dating Apps at War, and more
Start-Up Offers Huge Database of AI-Generated Images, US Copyright Office Denies Registration of Dunhill’s ‘Engine Turn’ Pattern, Patagonia Sues Third-Party Seller for Infringement and Misuse, UK Drug Makers Admit Breaching Anti-Trust Laws, Snap Shares Facebook’s ‘Project Voldemort’ with FTC, Google Wins ‘Right to be Forgotten’ Battle in the EU, Wild Accuses Tinder of Bullying, Facebook Suspends Several Apps for Misusing Data, and more.
US Copyright Office Denies Registration of Dunhill’s ‘Engine Turn’ Pattern
The US Copyright Office has refused to grant copyright protection to a fabric pattern created by British men’s wear brand Dunhill, whose application had been previously refused for want of originality and creativity. The pattern, named ‘Engine Turn’, comprises of diamond shapes and 6-sided arrows arranged in symmetrical rows and columns. Although the level of originality and creativity required to obtain a copyright in the US is quite low, the Director of the Copyright Office held that in this case that a mere arrangement of standard geometric shapes and the simple blue and brown colour scheme are by themselves not copyrightable. Further, US copyright law only covers the separable creative elements of garments and accessories, leaving the garments and accessories in their entirety to be protected through design patents.
Patagonia Sues Third-Party Seller for Infringement and Misuse
Outdoor-clothing brand Patagonia has recently sued Kimberly McHugh, a third-party seller, in a California court for infringement and misuse of its copyright and trademark. McHugh has been selling authentic Patagonia-branded merchandise through her online store, Our Little Corner, on Amazon.com and other online platforms. Patagonia claims that the seller has not only been misusing its brand name, the ‘Fitz Roy’ logo trade mark, and its copyrighted product images, but also interfering with Patagonia’s contracts with its authorized sellers. Patagonia claims that the higher prices and inconsistent warranties offered by McHugh amount to material differences and may lead to consumer confusion and deception.
Google Wins ‘Right to be Forgotten’ Battle in the EU
The European Court of Justice has ruled in favour of Google, in a case involving the ‘Right to be Forgotten’, limiting the right to the territorial borders of the European Union. A 2014 ruling required online search engines to delete obsolete or embarrassing information if requested by the concerned individual. The ECJs recent order has clarified that Google must only ensure that the requested links are not visible to users within the EU, and that it does not need to delete the information entirely. However, the ECJ has made it clear that search engines should seriously discourage users from accessing the same information